Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 13 : Import and Export of Plants and Propagating Material43. Import of plants and propagating material |
| (1) | Plants or propagating material of a kind of plant declared in terms of this Act, may only be imported into the Republic— |
| (a) | in compliance with all relevant legislation for the consignment concerned; |
| (b) | if the importer has a certificate of registration in respect of a business and premises contemplated in section 12, unless exempted in terms of section 19; |
| (c) | if the plants or propagating material— |
| (i) | is of a variety and denomination which is listed in the national varietal list or the regional varietal list; |
| (ii) | complies with the prescribed requirements; |
| (iii) | is packed or pre-packed in a container which is sealed and branded, marked or labelled in the prescribed manner with the prescribed information; and |
| (iv) | is imported through a prescribed port of entry or such other place as the registrar may determine. |
| (2) | If the plants or propagating material is not packed or pre-packed in a container in accordance with the requirements set out in subsection (1)(c)(iii), the importer must re-label and submit the plants or propagating material for inspection in order to ensure compliance with the provisions of that subsection. |
| (3) |
| (a) | Notwithstanding subsection (1)— |
| (i) | the Registrar may on good cause shown and on such conditions as he or she may determine, give authorisation in writing for the importation of a consignment of plants or propagating material which does not conform to all or any of the requirements referred to in subsection (1) and a copy of such authorisation must accompany the consignment in question; |
| (ii) | a person who does not have a business and premises contemplated in subsection (1)(b) may import plants or propagating material for own use with the written authorisation from the Registrar and subject to such conditions as the Registrar may specify; and |
| (iii) | the Minister may by notice in the Gazette determine that any particular kind of plant, or propagating material of a particular kind of plant, must only be imported with the written permission of the Registrar and on such conditions as the Registrar may specify in such permission. |
| (b) | A person requiring the authorisation or permission of the Registrar in terms of paragraph (a) must submit an application to the Registrar in the prescribed manner. |
| (4) | A person importing a consignment of plants or propagating material must furnish the Registrar with such particulars as the Registrar may determine regarding such consignment, and such consignment must not be removed from a port or place contemplated in subsection 1(b)(iv) unless the Registrar has authorised the removal thereof in writing. |
| (5) | Plants and propagating material imported in terms of subsection (1) or (3) must, if the Registrar so requires, be presented for examination and sampling at a port or place contemplated in subsection (1)(b)(iv). |
| (6) |
| (a) | The Registrar must determine the manner in which plants and propagating material imported in terms of subsection (1) or (3) must be presented for examination and sampling in terms of subsection (5), and the manner in which and the time and place at which the examination and sampling must be carried out. |
| (b) | The provisions of section 42(1)(e) and (2), subject to the changes required by the context, apply to such examination and sampling and the analysis of such sample. |
| (7) |
| (a) | This section does not apply to the importation of plants and propagating material intended for re-export or for purposes other than cultivation. |
| (b) | The person importing plants or propagating material in terms of paragraph (a) must, prior to arrival thereof in the Republic, furnish the Registrar with a declaration to that effect in the prescribed manner and a copy of such declaration must accompany the consignment concerned. |
| (8) | If plants and propagating material have been imported contrary to the provisions of this section, the Registrar may— |
| (a) | taking into account the preference of the importer, order that the plants or propagating material in question must within the period determined by the Registrar— |
| (i) | be destroyed without compensation; or |
| (ii) | be removed from the Republic at the expense of the importer; or |
| (b) | permit the disposal thereof in the Republic in such manner and on such conditions as the Registrar may determine. |